Our Results

We report primarily litigated results in courts of record, and do not include numerous non-judicial resolutions, preindictment matters, non-prosecution agreements, juvenile matters, and diversion agreements which we have been fortunate enough to help in obtaining. Please remember that our past results are not necessarily predictive of successful resolution of any prospective case. Criminal litigation is by its nature fraught with uncertainty; we want our clients to have a healthy outlook and reasonable expectations.

Date	Case Number	Court	Charge	Case Description	Result
14/06/2011	CR1774411	Oro Valley Magistrate Court	DUI A.R.S. § 28-1381	Defendant, a professional, arrested by officer who allegedly saw 4-6 cues on the Horizontal Gaze Nystagmus (HGN), and failure on the Walk and Turn test. The firm filed a motion to dismiss for lack or probable cause to arrest, alleging that the arresting officer failed to keep accurate HGN records, and had a history of claiming facts not supported by video evidence. The court granted defendant's motion to dismiss for no probable cause to arrest.	All charges dismissed
23/05/2011	CR2000-1536	Pima County Superior Court	Arson, A.R.S. § 13-1704 [class 2 felony]	Defendant, convicted of multiple counts of arson, A.R.S. ? 13-1704 engaged the firm, inter alia, to move to set aside the conviction pursuant to A.R.S. ? 13-907. Superior Court, after hearing, granted motion to set aside.	Conviction for Arson A.R.S. ? 13-1704 Class 2 Felony set aside.
12/05/2011	TR 2010-057035	Pima County Justice Court	Super extreme DUI A.R.S. § 28-1383 with accident [BAC .256 blood]	Defendant involved in single car accident charged, inter alia, with "super" extreme DUI A.R.S. ? 28-1383 [above a .20 within 2 hours of driving]; 45 day jail minimum penalty. Blood reading .256. We called no expert at trial, but rather relied upon the State's criminalist expert.	At jury trial: jury found defendant NOT GUILTY of extreme DUI.
12/05/2011	TR-10036935	Tucson City Court	ARS § 28-1381, 1383 (extreme DUI) BAC .198; A.R.S. § 28-781.2.	University Student charged with extreme DUI. We filed a motion to suppress all evidence based on illegality of stop by motor officer, who alleged that client made a "wide turn."	All charges dismissed.
03/05/2011	CR10-011773	Pima County Justice Court	Domestic violence/Assault with Injuries A.R.S. § 13-1201 (a)(1), A.R.S. § 13-3601 et seq.	Foreign national charged with domestic violence: potential immigration consquences.	All charges dismissed.
25/04/2011	TR2001-0211	Marana Municipal Court	DUI drugs A.R.S. § 28-1381(a)(1), A.R.S. § 28-1381(a)(3) and A.R.S. § 28-645.	Oro Valley mother with spotless record, charged with driving under the influence of amphetamines.	All charges dismissed.
20/04/2011	CR10-100735	Tucson City Court	Domestic violence/Assault with Injuries A.R.S. § 13-1201 (a)(1), A.R.S. § 13-3601 et seq.	Trial: client with prior felony record, charged with domestic violence assault with injuries	All charges dismissed.
18/04/2011	CR20-10003911	Pima County Justice Court	Hit and run with damage (A.R.S. § 28-662), criminal damage (A.R.S. § 13-1602).	Professional with no prior record charged with hit and run, and criminal damage. At trial defendant was found not guilty of all charges.	Not guilty verdict at trial (all charges dismissed).
12/04/2011	178112	Oro Valley Magistrate Court	Possession of Marijuana, possession of drug paraphernalia, A.R.S § 13-3405.	Licensed professional with fingerprint clearance charged with marijuana possession.	All charges dismissed.
08/04/2011	TR10-030679	Tucson City Court	DUI (A.R.S. § 28-1381(a)(1), driving above a .08. A.R.S. § 28-1381(a)(2), contributing to the delinquency/dependency of a minor (A.R.S. § 13-3613).	Client charged with contributing to the delinquency of a minor and DUI	All charges dismissed.
04/04/2011	CR20-100013716	Pima County Justice Court	Domestic violence/criminal damage/disorderly conduct A.R.S. § 13-1602; A.R.S. § 13-[2904], A.R.S. § 13-3601.	Military professional charged with domestic violence. We filed motion to dismiss for violation of Fourth Amendment rights (illegal search), as well as a motion to strike the State's response	All charges dismissed.
23/03/2011	CR20-10103575	Pima County Justice Court	Possession of false identification [A.R.S. § 28-3478] and shoplifting [A.R.S. § 28-1802].	University student charged with possession of false identification and shoplifting	All charges dismissed.
04/02/2011	CR10-017215	Pima County Justice Court	Domestic violence; assault with injury; ARS § 13-1203 (a)(1) & § 13-3601.	Professional charged with domestic violence. The firm, inter alia, took the position that charges were improvidently issued, and without probable cause.	All charges dismissed.
18/01/2011	TR10061040	Pima County Justice Court	ARS § 28-1383 Extreme DUI (BAC .18); §4-244 Minor in possession while driving.	University student facing academic discipline, criminal charges, and two year license suspension, engaged firm which filed motion to suppress breath tests for late disclosure.	Evidence suppressed.
07/01/2011	DV20101053/SP20 030581	Arizona Superior Court, Pima County	A.R.S. § 13-3601 & 3602 Domestic Violence ex parte order of protection, affecting firearm possession.	Although our client had five previous domestic violence arrests with same victim, the court on the firm's motion dismissed order of protection.	Order of Protection dismissed.
21/12/2010	CR09-0902-TUC-RCC-BPV	United States District Court	21 USC 841(a)(1) and 841 (b)(1)(c) drug trafficking; 5 year mandatory minimum.	At Border patrol check point on Interstate 19 drug dog alerted and found approximately 140 pounds of marijuana. Defendant, legal permanent resident of the United States for 40 years, made inculpatory statements and faced automatic deportation from the United States pursuant to 8 USC 1101(a)(43). Government offered a plea to 21 months. Client discharged his prior attorney, and the firm (2) moved to suppress evidence, arguing that drug dog responded improperly, (2) moved for disclosure of drug dog training and performance materials as Brady evidence. Government argued national security was jeopardized by disclosure, but when court ordered disclosure government offered to dismiss indictment in exchange for a plea to 8 USC 4 (misprision of a felony) which will not result in automatic deportation.	All charges in indictment dismissed, two years probation, no jail, no fine.
07/12/2010	4129990	Phoenix City Court	PCC § 22-52	Licensed professional, with prior arrests, in undercover sting operation. After conducting formal interview, it was determined that undercover officer had engaged in aggressive conduct, soliciting the transaction. Assistant Trial Bureau Chief, Phoenix City Prosecutor's Office reviewed the matter.	All charges dismissed
05/11/2010	TR10000542	Tucson City Court	Extreme DUI A.R.S. §§ 28-1381 and 1382. BAC .187	Defendant moved to suppress evidence for want of reasonable suspicion to stop vehicle for an alleged "wide" right turn in violation of A.R.S. § 28-751(1). At the evidentiary hearing, defendant presented a civil engineer who testified that poor road design rendered impracticable for defendant to turn as police officer thought she should have. The trial court held that the defendant did not violate A.R.S. §28-751(1). Therefore, the stop violated the 4th amendment. The Court granted defendant's motion to suppress.	All charges dismissed
15/10/2010	08-01578M	United States District Court	Conspiracy to smuggle and harbor aliens 8 § U.S.C. 1324 and 18 U.S.C. § 371	Manager of fast food restaurant chain arrested for conspiracy to smuggle, harbor, hire, and to employ illegal aliens	Reduced to petty offense (low level misdemeanor). No jail; $1500 fine; 9 months probation and all other charges dismissed.
07/10/2010	TR09096935	Tucson City Court	DUI A.R.S. § 28-1381	Defense motion to dismiss for no reasonable suspicion to stop; and motion to introduce polygraph evidence.	All criminal charges dismissed.
03/10/2010	C20094215	Pima County Superior Court	Civil Malicious Prosecution case against large corporate entity	Motion for summary judgment granted (Ariz. R. Civ. Proc. 56). Only our counterclaims remain.	All claims dismissed.
23/09/2010	TR10026240	Pima County Justice Court	DUI A.R.S. § 28-1381	State failed to disclose blood testing in timely fashion. Defendant moved for sanctions, and State failed to respond. Defendant moved to preclude State's argument under Rules of Criminal Procedure. Court grants defendant's motion, and precludes all blood evidence by ruling that State waives all substantiative arguments.	All charges dismissed.
17/09/2010	U076164	Pima County Justice Court	Super extreme DUI A.R.S. § 28-1382(a)(2); BAC .22	State failed to disclose police report of stop officer. Defendant's motion for sanctions granted; stop officer is fully precluded from case.	State appeals.
15/09/2010	TR09-057949 and CR09-923135	Pima County Justice Court	Hit and run; A.R.S. § 28-622	At trial State failed to properly subpoena witnesses.	All charges dismissed.
01/09/2010	CR2009-924575	Pima County Justice Court	Possession of Drug Paraphernalia; A.R.S. § 13-3415 & Driving on a suspended license A.R.S. § 28-3473 (a)	Defendant moved to suppress evidence for 4th Amendment Violation. At first evidentiary hearing, State dismissed, but later refiled. At second evidentiary hearing, State dismissed.	All charges dismissed.
23/08/2010	CR10076363	Tucson City Court	DUI	DUI for legal professional with a .086 BAC.	All charges dismissed.
20/08/2010	TR09002335	Pima County Justice Court	Super Extreme DUI, ARS § 28-1382(a)(2); B.A.C. .23	State failed to disclose material witness; defendant moved to preclude.	All charges dismissed.
11/08/2010	CR2009-4760	Pima County Superior Court	Drive by shooting of officer, ARS § 13-1209	Dangerous felony; presumptive 7 years in prison; motion to remand for grand jury misconduct granted; upon refile all charges dismissed.	All charges dismissed.
23/06/2010	CR100087-TUC-JMR	United States District Court for the District of Arizona	8 USC 1324, Alien Smuggling; 18 USC 371, Federal Conspiracy	Alien smuggling conspiracy case in Southern Arizona with priors.	All charges dismissed.
23/06/2010	CR9093828	Tucson City Court	Domestic Violence/Threats to Intimidate, ARS § 13-1202	At trial, all charges dismissed.	All charges dismissed.